Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“Merchant”, “you”, or “your”) and Evercart (“Evercart”, “we”, “us”, or “our”) governing your access to and use of the Evercart platform, including our website at www.evercart.io, our merchant dashboard at app.evercart.io, and all related services (collectively, the “Service”).

By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

Evercart provides a multi-tenant software-as-a-service (SaaS) platform that allows merchants to create, customise, and operate online stores. The Service includes:

• A merchant dashboard for managing products, orders, customers, and settings
• A storefront engine that renders your store for your customers
• Payment processing integration via Stripe and other supported gateways
• Custom domain connection and automatic SSL certificate provisioning
• Theme selection and visual store customisation tools
• Order management, inventory tracking, and analytics tools
• Email notifications for merchants and their customers

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your password confidential and not share it with any third party
• Notify us immediately at security@evercart.io if you suspect unauthorised access to your account
• Be responsible for all activity that occurs under your account

You must be at least 18 years old to create an account. By creating an account, you confirm that you meet this age requirement.

One account may be used by one merchant. You may not share your account credentials with others unless you have added them as staff members through the platform’s staff account feature.

Plans and pricing

Evercart offers three subscription plans: Starter ($9/month), Growth ($29/month), and Pro ($79/month), billed in USD. Annual billing options are available at a 20% discount. Current pricing is always displayed at evercart.io/pricing.

Payment

Subscription fees are billed in advance on a monthly or annual basis. Payment is processed by Stripe. By providing your payment details, you authorise Evercart to charge your payment method for all fees incurred.

Failed payments

If a payment fails, we will retry it up to three times over seven days. If payment cannot be collected, your account will be downgraded to a restricted state. You will have 14 days to update your payment method before your store is suspended. We will notify you by email at each stage.

No transaction fees

Evercart charges 0% transaction fees on all plans. Standard payment processing fees charged by Stripe (currently 2.9% + $0.30 per transaction) apply separately and are not set by Evercart.

Price changes

We may change subscription prices with at least 30 days’ written notice. Price changes take effect at the start of your next billing period after the notice period. Your continued use of the Service after a price change constitutes acceptance of the new price.

Refunds

Subscription fees are non-refundable except as set out in our Refund Policy or where required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current paid period.

New accounts receive a 14-day free trial on any plan. No credit card is required to start a trial. At the end of the trial period, you must provide payment details to continue using the Service.

You may only use one free trial per person and per business. Creating multiple accounts to extend free trial access is a violation of these Terms and may result in all associated accounts being terminated.

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You must not use the Service to:

• Sell illegal goods or services, including but not limited to controlled substances, weapons, or counterfeit products
• Engage in fraudulent activity, including fake reviews, false advertising, or identity fraud
• Infringe any intellectual property rights of any third party
• Transmit malware, viruses, or any code designed to damage or interfere with systems
• Collect or store personal data about others without appropriate legal basis
• Violate any applicable consumer protection laws or payment card industry regulations
• Attempt to gain unauthorised access to Evercart’s systems or another user’s account
• Resell or sublicense the Service without our express written permission
• Use the Service in a way that could damage, disable, or impair the platform or servers

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including suspending or terminating their account without notice.

You retain full ownership of all content you upload to Evercart, including product images, descriptions, store branding, and customer data (“Your Content”).

By uploading Your Content to Evercart, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display Your Content solely to provide the Service to you and your customers. This licence ends when you delete the content or close your account.

You are solely responsible for Your Content. You represent and warrant that:

• You own or have the right to use all content you upload
• Your Content does not violate any third party’s intellectual property, privacy, or other rights
• Your Content complies with all applicable laws
• Your Content does not contain malware or harmful code

Your Evercart store is your responsibility. You are the seller of record for all transactions conducted through your store. This means:

• You are responsible for the accuracy of product descriptions, images, and pricing
• You are responsible for fulfilling orders and processing refunds in accordance with your stated policies
• You are responsible for collecting and remitting applicable taxes on your sales (Stripe Tax handles calculation — remittance is your responsibility)
• You are responsible for complying with consumer protection laws in all jurisdictions you sell to
• You are responsible for maintaining your own privacy policy and terms for your customers

Evercart is a platform provider, not a party to transactions between you and your customers. We are not responsible for the quality, legality, or delivery of products sold through your store.

You may connect a custom domain to your Evercart store on any plan. By connecting a domain, you confirm that you are the legitimate owner or authorised user of that domain.

Evercart will provision an SSL certificate for your custom domain via Let’s Encrypt automatically. You are responsible for maintaining ownership of your domain and renewing your domain registration. If your domain expires, your store will go offline and Evercart is not liable for any resulting loss.

When you remove a domain from Evercart or close your account, we will remove all domain routing configuration within 48 hours.

Evercart integrates with Stripe and other third-party payment processors to facilitate payments from your customers. Use of these payment processors is subject to their own terms of service.

Payouts from your store sales go directly to your connected payment processor account (e.g. Stripe) according to that processor’s payout schedule. Evercart does not hold or process your sales revenue — it flows directly from your customers to your payment processor account.

You are responsible for ensuring that your use of any payment processor complies with their terms, including restrictions on certain product categories. If your payment processor account is suspended or terminated, your store’s ability to accept payments will be affected. This is not a breach of these Terms by Evercart.

Evercart’s intellectual property

The Service, including its software, design, themes, documentation, and all related intellectual property, is owned by Evercart and protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service during your subscription. You may not copy, modify, distribute, sell, or sublicense any part of the Service.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant Evercart the right to use that feedback without restriction or compensation to you. We appreciate feedback and use it to improve the product.

Themes

Free themes are licenced for use on your Evercart store. Premium themes are licenced for use on the number of stores permitted by your plan. Themes may not be reverse engineered, resold, or used outside of the Evercart platform.

Each party may have access to confidential information of the other party. Both parties agree to keep confidential information confidential and not to disclose it to third parties without the other party’s consent, except as required by law.

Confidential information does not include information that is or becomes publicly available through no breach of these Terms, was already known to the receiving party, or is independently developed without reference to the confidential information.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERCART DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant that any specific results will be achieved through use of the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, EVERCART’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO EVERCART IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

IN NO EVENT SHALL EVERCART BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless Evercart and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms
• Your Content and the products or services you sell through your store
• Your violation of any applicable law or regulation
• Any claim by a third party arising from your store or your merchant activities

Term

These Terms begin when you create an account and continue until terminated by either party.

Cancellation by you

You may cancel your subscription at any time from your account settings. Your store will remain active until the end of your current paid billing period. Refunds, where applicable, are governed by our Refund Policy.

Termination by Evercart

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms or our Acceptable Use Policy
• We are required to do so by law
• You engage in fraudulent, illegal, or abusive activity
• Your account poses a security risk to the platform or other merchants

For non-critical violations, we will attempt to give you reasonable notice and opportunity to remedy the breach before termination.

Effect of termination

Upon termination, your store will go offline and your access to the dashboard will be revoked. Your data will be retained for 30 days to allow for any necessary exports, after which it will be permanently deleted. Provisions of these Terms that by their nature should survive termination will do so, including payment obligations, intellectual property rights, disclaimers, and limitations of liability.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Johannesburg, South Africa.

If you are a consumer located in the EU, UK, or any other jurisdiction with mandatory consumer protection laws, you may also have rights under the consumer protection laws of your local jurisdiction, which these Terms do not affect. Nothing in these Terms limits or excludes your statutory rights as a consumer.

We may update these Terms from time to time. When we make material changes, we will notify you by email and display a prominent notice in your dashboard at least 14 days before the changes take effect.

If you disagree with the updated Terms, you may cancel your account before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

For minor changes (such as corrections, clarifications, or changes required by law), we may update the Terms without advance notice, though we will always update the “Last updated” date at the top of this page.

Entire agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and Evercart regarding the Service, and supersede any prior agreements between you and Evercart relating to the Service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of any provision of these Terms will only be effective if it is in writing and signed by us.

Assignment

You may not assign or transfer these Terms, or any of your rights under these Terms, without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of assets, with reasonable notice to you.

Force majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, labour disputes, internet or telecommunications outages, or third-party service provider failures.

Notices

We may send you notices via the email address associated with your account or by displaying a notice in your dashboard. You may send us legal notices in writing to legal@evercart.io.

If you have any questions about these Terms, please contact us.